Landlord Seizes Tenant Goods
Damian Decker fell behind on rent for his commercial space. The landlord entered and removed office equipment to hold until payment arrived. Damian paid the arrears within days to regain the items.
Also known as: distrain · distrains · distrained · distraining · distraint · distress
Written by attorneys · grounded in primary & secondary sources — see below
A legal remedy by which a person seizes and detains another's personal property to compel performance of an obligation such as payment of overdue rent.
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Damian Decker fell behind on rent for his commercial space. The landlord entered and removed office equipment to hold until payment arrived. Damian paid the arrears within days to regain the items.
Diego Duarte owed a supplier for feed delivered to his ranch. The supplier took possession of tractors and tools under a distress warrant. Diego satisfied the debt to recover the machinery.
Diane Dawson defaulted on lease payments for her retail store. The lessor removed inventory and fixtures to pressure settlement. Payment restored the goods to Diane within a week.
Derek Douglas's family corporation missed several rent installments. The landlord distrained computers and vehicles belonging to the firm. The company cleared the balance to end the seizure.
Diana Delgado stored merchandise at a facility and stopped paying storage fees. The operator distrained the stored pallets until the account was settled. Diana paid to retrieve her inventory.
Darrell Duncan owed back rent on his diner. The landlord removed stoves and refrigeration units under a distress claim. Darrell paid the full amount to regain possession of the equipment.
Personal property of the tenant located on the premises may be seized and detained until the obligation is performed.
Many jurisdictions have abolished distraint for rent by statute, replacing it with judicial remedies such as eviction actions.
Traditional common-law distraint permitted self-help seizure without prior judicial approval, though modern practice often requires process.
…life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other…